JEEVODAY EDUCATION SOCIETY, NAGPUR Vs. STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT, MANTRALAYA, GOVERNMENT OF MAHARASHTRA, MUMBAI
LAWS(BOM)-2018-9-63
HIGH COURT OF BOMBAY
Decided on September 19,2018

Jeevoday Education Society, Nagpur Appellant
VERSUS
State Of Maharashtra Through Principal Secretary, Department Of Social Justice And Empowerment Department, Mantralaya, Government Of Maharashtra, Mumbai Respondents

JUDGEMENT

B.P. Dharmadhikari, J. - (1.) Considering the nature of controversy, Rule is made returnable forthwith with the consent of parties. Accordingly heard finally Shri B.S. Banthia with Shri A. Shelat, learned counsel for the petitioner and Shri N.R. Patil, learned AGP for the respondents.
(2.) The petitioner - society runs a Special School for Mentally Challenged Children at Nagpur since last about 30 years. It is not in dispute that it is a nonresidential Teaching facility having due recognition now for admitting 200 students. However, it is receiving grantinaid from the State Government only for 30 students. Petitioner prays for grants for remaining 170 children.
(3.) The petitioner has approached this Court with a grievance that despite judgment of the Hon'ble Apex Court, the judgments of this Court and statutory provisions, the State Government has avoided to formulate a policy which will permit release of proportionate increased or additional grants for institutes like the petitioner, when the number of students taking education increase. The learned counsel for the petitioner has also pressed into service Ground Nos. A, B and D in writ petition to urge that there is a hostile discrimination in the matter of releasing such additional grants qua mentally retarded children when compared with their counter parts, who suffer from other physical disabilities in terms of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 1995 Act).;


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